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Stare decisis et non quieta movere - From settled precedents, there must be no departure.

This legal maxim has evolved out of an ancient practice of subscribing to well-settled precedents and if the law is able to attain some degree of permanence or stability, it is also because of the judicial adherence to precedents. Ejusdem generis - An enumeration of a class of things includes all others of the same class. This is based on the rule of classification; when general words follow particular or specific words, the general words are deemed to include only such things or objects as are of the same ind as those enumerated. also, Genus nunquam peruit - !eneric things do not perish Pacta sunt servanda - "tipulations of the parties must be complied with religiously and in good faith. Ut Res Magis Valeat Quam Pereat - A law should be interpreted with a view of upholding rather than destroying it. From this principle arises the rule that in construing a statute, that interpretation is to be adopted which will give force and effect to every word, clause and sentence of the enactment. Non allegata non probata - That which is not alleged cannot be proved. #$ule on %leadings and the &aw of 'vidence(. This is an exclusionary rule in the &aw of evidence that a party who fails to allege a fact in his pleadings may not also be allowed to prove it - if the party objecting thereto be not thereby given a chance to prove the contrary of what was not alleged but proved by the other.

De mininis non curat le - a common law principle whereby judges will not sit in judgment of extremely minor transgression of the law. )t has been stated as *the law does not concern itself with trifles. * actio in rem - An action for the recovery of the very thing. actio in personam - A personal action see ing redress against a particular individual res judicata - A matter adjudged or settled by judgment. This is a plea in bar to an action wherein the defendant alleges that the same cause or matter had been the subject of a prior litigation between the same parties, and that the prior litigation had been adjudicated upon the merits. The principle of this plea is that a final judgment given between the same parties on the same cause of action by a court of competent jurisdiction, is conclusive between the parties and their privies.

+nce such a judgment has become final, it may not be reopened except on the grounds of fraud. The rationale behind this doctrine is that there should be an end to any litigation and it is against public policy to have the same matter reagitated. nemo dat quod non !abet - nobody can give what they have not got e turpi causa non oritur actio - action issues out of a dirty cause nemo jude in sua causa - nobody should judge his own cause subpoena duces tecum - a writ sent to a witness *turn up and bring your documents with you.* Found in the $ules of ,ourt subpoena ad testi"icandum - a writ sent to a witness *just bring yourself, no documents.* Found in the $ules of ,ourt. res ipsa loquitur - the thing spea s for itself. -octrine of Torts and -amages.

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